Statute of Westminster 1275
The Statute of Westminster of 1275 (3 Edw. I), also known as the Statute of Westminster I, codified the existing law in England, in 51 chapters.
Chapter 5, known as the Freedom of Election Act 1275, is still in force in the United Kingdom. William Stubbs says of it:[1]
This act is almost a code by itself; it contains fifty-one clauses, and covers the whole ground of legislation. Its language now recalls that of Canute or Alfred, now anticipates that of our own day; on the one hand common right is to be done to all, as well poor as rich, without respect of persons; on the other, elections are to be free, and no man is by force, malice or menace, to disturb them. The spirit of the Great Charter is not less discernible: excessive amercements, abuses of wardship, irregular demands for feudal aids, are forbidden in the same words or by amending enactments. The inquest system of Henry II of England, the law of wreck, and the institution of coroners, measures of Richard and his ministers, come under review as well as the Provisions of Oxford and the Statute of Marlborough.
Though it is a matter of dispute when peine forte et dure (Law French for "hard and forceful punishment") was first introduced, chapter 3 states that those felons standing mute shall be put in prison forte et dure.[2]
History
The Statute of Westminster of 1275 was one of two English statutes largely drafted by Robert Burnell and passed during the reign of Edward I. Edward I had returned from the Ninth Crusade on 2 August 1274 and was crowned King of England on 19 August.[3] His first Parliament was summoned for the quinzaine of the Purification on 16 February 1275 but was prorogued until the day after Easter on 22 April 1275 and met at Westminster, its main work being the consideration of the Statute of Westminster I. This was drawn up, not in Latin, but in Norman French, and was passed "by the assent of Archbishops, Bishops, Abbots, Priors, Earls, Barons, and [all] the Commonalty of the Realm, being thither summoned."[4]
Chapters
The Statute of Westminster I is composed of 51 chapters:
| Chapter | Short title | Title | Notes |
|---|---|---|---|
| 1 | Peace of the Church and the Realm Act 1275 | The Peace of the Church and the Realm shall be maintained. Religious Houses shall not be overcharged. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. In force in New Zealand by authority of the Imperial Laws Application Act 1988. |
| 2 | Benefit of Clergy Act 1275 | A Clerk convict of Felony, delivered to the Ordinary, shall not depart without Purgation. | |
| 3 | Escapes Act 1275 | No Penalty for an Escape before it be adjudged. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 4 | Wreck Act 1275 | What shall be adjudged Wreck of the Sea, and what not. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 5 | Freedom of Election Act 1275 | There shall be no Disturbance of the Free Elections. | Still in force in England and Wales. Repealed for the Republic of Ireland by the Electoral Act 1963. |
| 6 | Amercements Act 1275 | Amerciaments shall be reasonable, and according to the Offence. | Repealed for England and Wales by the Criminal Law Act 1967. |
| 7 | Purveyance Act 1275 | In what manner, and of whom, Purveyance shall be made for a Castle. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 8 | Beaupleader Act 1275 | Nothing shall be taken for beaupleader. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 9 | Pursuit of Felons Act 1275 | All Men shall be ready to pursue Felons. | Repealed for Queensland by the Criminal Code Act 1899. |
| 10 | Coroners Act 1275 | What sort of Men shall be Coroners. Sheriffs shall have Counter-Rolls with them. | |
| 11 | Inquests of Murder Act 1275 | Replevin by the Writ of Odio & Atia. Who shall be triers of Murther. | |
| 12 | Standing Mute Act 1275 | The Punishment of Felons refusing lawful Trial. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 13 | Rape Act 1275 | The Punishment of him that doth ravish a Woman. | |
| 14 | Principal and Accessory Act 1275 | Appeal against the Principle and Accessary. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 15 | Prisoners and Bail Act 1275 | Which Prisoners be mainpernable, and which not. The Penalty for unlawful Bailment. | |
| 16 | Distress Act 1275 (c.16) | None shall distrain out of his Fee, not drive the Distress out of the County. | Repealed for England and Wales by the Statute Law Revision Act 1969. Repealed for Queensland by the Property Law Act 1974. |
| 17 | Distress Act 1275 (c.17) | The Remedy if the Distress be impounded in a Castle or Fortress. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 18 | Fines on the County Act 1275 | Who shall assess the common Fines of the County. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 19 | Crown Debts Act 1275 | A Sheriff having received the King's Debt, shall discharge the Debtor. | |
| 20 | Trespassers in Parks and Ponds Act 1275 | Offenses committed in Parks and Ponds. Robbing of tame Beasts in a Park. | |
| 21 | Lands in Ward Act 1275 | No Waste shall be made in Wards Lands; nor in Bishops, during the Vacation. | Repealed for England and Wales, and for Ireland by the Civil Procedure Acts Repeal Act 1879. |
| 22 | Wardship Act 1275 | The Penalty of an Heir marrying without Consent of his Guardian. A Woman Ward. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 23 | Distress for Debt Against Strangers Act 1275 | None shall be distrained for a Debt that he oweth not. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 24 | Unlawful Disseisin by Escheators, etc. Act 1275 | The Remedy if an Officer of the King do disseise any. | Repealed for England and Wales, and for Ireland by the Civil Procedure Acts Repeal Act 1879. Repealed for Queensland by the Escheat (Procedure and Amendment) Act 1891. |
| 25 | Champerty Act 1275 | None shall commit Champerty, to have Part of the Thing in Question. | Repealed for England and Wales by the Criminal Law Act 1967. |
| 26 | Extortion by Officers of the Crown Act 1275 | None of the King's Officers shall commit Extortion. | Repealed for England and Wales by the Theft Act 1968. Repealed for Queensland by the Criminal Code Act 1899. |
| 27 | Extortion Act 1275 (c.27) | Clerks of Officers shall not commit Extortion. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 28 | Maintenance Act 1275 | Clerks shall not commit Maintenance. | Repealed for England and Wales by the Criminal Law Act 1967. |
| 29 | Fraud Act 1275 | The Penalty of a Serjeant or Pleader committing Deceit. | |
| 30 | Extortion Act 1275 (c.30) | Extortion by Justices Officers. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 31 | Tolls in Markets and Murage Act 1275 | The Penalty for taking excessive Toll in a City, &c. Murage granted to Cities. | Repealed for England and Wales by the Theft Act 1968. |
| 32 | Purveyance, Crown Debts Act 1275 | The Penalty of Purveyors not paying for what they take. The King's Carriages. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 33 | Barretors Act 1275 | No Maintainers of Quarrels shall be suffered. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 34 | Slanderous Reports Act 1275 | None shall report slanderous News, whereby Discord may arise. | |
| 35 | Excess of Jurisdiction in Franchises Act 1275 | The Penalty for arresting within a Liberty those that hold not thereof. | Repealed for England and Wales, and for Ireland by the Civil Procedure Acts Repeal Act 1879. |
| 36 | Aids for Knighthood, etc. Act 1275 | Aid to make the Son Knight, or to marry the Daughter. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 37 | Dissseisin with Robbery, etc. Act 1275 | The Penalty of a Man attainted of Disseisin with Robbery in the King's Time. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 38 | Attaints in Real Actions Act 1275 | An Attaint shall be granted in Plea of Land touching Freehold. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 39 | Limitation of Prescription Act 1275 | Several Limitations of Prescription in several Writs. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 40 | Voucher to Warranty Act 1275 | Voucher to Warranty, and Counter-pleading of Voucher. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 41 | Writ of Right Act 1275 | The Champion's Oath in a Writ of Right. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 42 | Essoins Act 1275 (c.42) | Certain Actions wherein after Appearance the Tenant shall not be Essoined. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 43 | Essoins Act 1275 (c.43) | The shall be no Fourcher by Essoin. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 44 | Essoins Act 1275 (c.44) | In what Case Essoin ultra mare shall not be allowed. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 45 | Process Act 1275 | In what Cases the great Distress shall be awarded. Where the Justices Estreats shall be delivered. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 46 | Order of Hearing Pleas Act 1275 | One Plea shall be decided by the Justices before another commenced. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 47 | Real Actions Act 1275 | In what Case the Nonage of the Heir of the Disseisor or Disseisee shall not prejudice. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 48 | Land in Ward Act 1275 | The Remedy where a Guardian maketh a Feoffment of his Ward's Land. Suit by Prochein Amy. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 49 | Plea in Dower Act 1275 | The Tenants Plea in a Writ of Dower. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
| 50 | Saving for the Crown Act 1275 | Still in force in England and Wales. | |
| 51 | Times of Taking Certain Assizes Act 1275 | Assises and Darrain Presentments at what Time taken. | Repealed for England and Wales by the Statute Law Revision Act 1863. Repealed for Ireland by the Statute Law (Ireland) Revision Act 1872. |
See also
- Statute of Westminster 1285
- Quia Emptores of 1290 is sometimes called the statute of Westminster III
References
 |
Wikisource has original text related to this article: |
- ↑ Stubbs, William. The Constitutional History of England in Its Origin and Development.
- ↑ Ripley, George; Dana, Charles A, eds. (1867). New American Cyclopedia. 13. D. Appleton & Company. p. 84.
- ↑ Powicke, F. M. (1962). The Thirteenth Century: 1216–1307 (2nd ed.). Oxford: Clarendon Press. p. 226.
- ↑ "Statute of Westminster, The First (1275)". legislation.gov.uk. The National Archives. Retrieved 29 March 2015.
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "article name needed". Encyclopædia Britannica (11th ed.). Cambridge University Press.- Text of the Statute of Westminster the First 1275 (c. 5) as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk
This article is issued from Wikipedia - version of the 11/4/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.